Construction Caution & Accidents

My client was young, healthy and earning a living working for a Cape Cod-based construction company. While working at a private home along Bass River, a concrete boom and hose swung and struck his head. The boom was attached to a concrete truck whose footings sank into the ground above a septic tank, thereby causing the boom to swing into our client.

An ambulance transported the young man to Cape Cod Hospital and afterwards he was med-flighted to Boston’s Beth Israel Deaconess Medical Center. He suffered significant facial injuries including multiple fractures and facial disfigurement. My client has undergone numerous surgeries since the accident including lengthy hospital stays, and is left with permanent conditions that unfortunately will significantly impact his future.

In this case, we alleged that the defendant was negligent in failing to ascertain the location of the septic tank upon the premises before beginning to pump the concrete. And we claimed the contractor was negligent in its failure to exercise that degree of control and supervision over the construction work being done upon the premises, with reasonable care for the safety of others.

The insurance company for the defendant initially offered to settle the case for $15,000 claiming they followed all construction regulations and were not negligent. This firm engaged a team of experts to protect our client’s interests and fight the insurance company. Experts in construction industry standards, orthopedics, ophthalmology, vocational rehabilitation and economic loss were helpful in thoroughly presenting our client’s case.

Due to the position of the defendant that they were not liable for my client’s injuries, we filed a lawsuit in Barnstable Superior Court. Once the lawsuit was filed and depositions/discovery were pursued, the insurance company offered to pay my client $1,000,000 as set by their policy limits. We declined this offer. After continued investigation, we uncovered an additional $2 million in insurance coverage. Prior to trial, we ended up resolving the case for the $3 million total policy limits. Once the amount was agreed upon, the plaintiff and our law office worked with structured settlement experts to provide a financial plan to help ensure the plaintiff’s future financial security.

After all was said and done, it was a battle worth fighting!

It’s September in southeastern Massachusetts and that means we’re in full-on construction season. Not too surprisingly, construction is one of this country’s most dangerous occupations. Front-end loaders, bulldozers and cement trucks and the like are all over Hyannis, Falmouth, New Bedford and Plymouth area. Unfortunately, I see the results of unplanned collisions between man and mechanism every year. These accidents, which include herniated discs, fractured bones, disfigurement, and other more catastrophic injuries many times culminate in either worker’s compensation claims, personal injury cases or both.

If you or someone you know has been injured in a construction accident caused by the negligence of others, I encourage you to reach out to our firm. We have extensive experience handling these types of cases. I can help you recover money and protect your family, and I’ve been doing so successfully for nearly 30 years.

For a free consultation, please call my office at 800-446-4485 or email me at moffalaw@cape.com. We are available 24 hours a day, seven days a week, to help you.